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Post Booker Era

In January 2005, the Supreme Court ruled in United States v. Booker, 125 S.Ct. 738 (2005), that the mandatory nature of the sentencing guidelines subjected them to the jury trial requirements of the Sixth Amendment of the Constitution. The Court further held that since it was not Congress' intent to have sentencing facts decided by juries, the appropriate remedy was to strike those provisions of the Sentencing Reform Act of 1984 that made the sentencing guidelines mandatory. The result was a system in which the sentencing courts are required to consider the sentencing options recommended by the sentencing guidelines, but judges are free to impose any sentence authorized by Congress. Working in a post-Booker sentencing system, court personnel rely upon the professional judgment and years of experience of probation officers, who produce or work with the presentence reports on a daily basis to assist judicial officers in making sentencing decisions, and corrections and community corrections officials in supervising offenders.